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April 5, 1999

CLA-2-63:RR:NC:TA:349 D88992

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.91.0040; 6304.93.0000

Ms. Diane M. Bonvissuto
D. Hauser, Inc.
182-23 150th Avenue
Springfield Gardens, NY 11413

RE: The tariff classification of various wallhangings from China.

Dear Ms. Bonvissuto:

In your letter dated March 2, 1999 you requested a classification ruling on behalf of Amscan Inc.

The submitted samples, identified as Item #44047 “Elephant Soft Sculpture”, Item #44048 “Noah’s Ark Soft Sculpture” and Item #44085 “Teddy on Rocking Horse Soft Sculpture” are textile wallhangings. The outershell of the item #44047 is made from man-made fiber knit fabrics stuffed with polyester filler. The fabric has been heavily brushed. This wallhanging depicts an elephant. The majority of the shells of item nos. 44048 and 44085 are made from man-made fiber woven fabrics stuffed with polyester filler. One wallhanging features a bear on a rocking horse and the other Noah’s ark. All three wallhangings have two plastic loops on the back used to hang the item from the wall. As requested the samples are being returned to you.

The applicable subheading for item #44047 will be 6304.91.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: knitted or crocheted of man-made fibers. The duty rate will be 8.6 percent ad valorem.

The applicable subheading for item nos. 44048 and 44085 will be 6304.93.0000, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of synthetic fibers. The duty rate will be 10 percent ad valorem.

All three wallhangings falls within textile category designation 666. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Hansen at 212-637-7078.

Sincerely,

Robert B. Swierupski
Director,

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